Pedro Victor Garcia eventually was allowed to stay in the U.S. when the Cuban Adjustment Act was passed in1967. But it's unclear what happened in between.

The National Archive provided Garcia's immigration records to The Associated Press through a Freedom of Information Act Request. No other immigration records exist for Garcia until he applied for residency five years later, meaning he likely remained illegally.

The U.S. immigration system was very different back then. Few immigrants were deported regardless of where they came from.

A spokesman for Rubio said Garcia was like thousands of other refugees who often don't arrive with all the necessary visas. He added that the U.S. allowed Cubans to stay.